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Limited or full appointment

The order appointing you and your letter of guardianship will describe the extent of your authority, limited or full.

You might have authority to make decisions about certain things, called a limited guardianship. Or you might have authority to make decisions about all aspects of the protected person's life, called a plenary or full guardianship.

Filing required reports

You must file with the court a report on the protected person's status every year.

If the protected person does not have a conservator or if you are the conservator, you must file with the court an inventory listing the protected person's property within 90 days after being appointed.

If the protected person does not have a conservator or if you are the conservator, you must file with the court an accounting of the protected person's estate every year.

If the protected person does not have a conservator or if you are the conservator, you must file with the court a final accounting when the conservatorship ends, such as if the protected person dies or regains capacity or if the guardianship is moved to another state.

If the protected person has a conservator other than yourself, you must report to the conservator every year on the financial transactions that you have made on the protected person's behalf.

The reports are required. Failure to file a report or making a substantial misstatement in a report could result in a $5,000 fine.

Order and letter of guardianship

Your letter of guardianship is proof of your authority to make decisions and act on the protected person's behalf, and you will present this to others — such as healthcare providers, insurance agents, residence administrators, banks, and other individuals and institutions — when that person asks for a record of your authority. Some persons might ask for a photocopy, which you or they can make. Others might need a certified copy. A certified copy is treated like an original and is available only from the court. There is a fee for a certified copy, and you may want to keep a few certified copies handy for convenient use. For information about fees, see our page on Fees.

The original order and letter of guardianship will remain in the court file, and you may access the file any time the court is open.

Guardian's authority and responsibilities

Limited authority

A limited guardian has the powers listed in the court order. Utah Code Section 75-5-304. Utah law prefers a guardian with limited authority, and the guardian's authority should be tailored to the protected person's needs and abilities. The challenge will be to describe that authority specifically enough to be clear and generally enough to be flexible. Depending on the protected person's needs and abilities, you may need authority to make decisions about:

health or other professional care, counsel, treatment, or service;

custody and residence;

care, comfort, and maintenance;

training and education; and

clothing, furniture, vehicles, and other personal effects.

If no conservator has been appointed, you may need authority to make decisions about:

proceedings to safeguard the protected person's property;

proceedings to compel a person to support the protected person; and

receiving money and property for the protected person and applying the money and property for the protected person's support, care, and education.

If you believe that some specific authority is needed, you should describe and request that authority in the petition to appoint a guardian, or you should petition the court to amend your appointment order to include the needed authority. For more information and forms, see our page on Proceedings after the Appointment of a Guardian.

Full authority

If the court finds that nothing less than a full guardianship is adequate, the court can grant full or plenary authority, and the guardian has the same responsibility for a protected person as a parent has for the parent's minor child, except that the guardian does not have to use his or her own money for the protected person's care and support. If no conservator is appointed, the guardian has some of the responsibilities of a conservator. Utah Code Section 75-5-312.

The protected person retains decision making authority not given to the guardian, including decisions about his or her religion, and friends; whether to marry or divorce, drive, or consume legal substances, and other decisions. For more information, see our page on Reports Required from the Guardian and Conservator. If you believe you need authority for these matters, you should describe and request that authority in the petition to appoint a guardian, or you should petition the court to amend your appointment order to include the needed authority. For more information and forms, see our page on Proceedings after the Appointment of a Guardian or Conservator.

The right to vote cannot be assigned to the guardian in any event. If you believe that the protected person should not have the right to vote, you should request that restriction in the petition to appoint a guardian, or you should petition the court to amend its order to include that restriction. For more information and forms, see our page on Proceedings after the Appointment of a Guardian or Conservator.

Guardian's additional authority and responsibilities if there is no conservator

If the court has not appointed a conservator, you, as guardian, will have some of that authority and responsibility. Utah Code Section 75-5-312 . You should consider petitioning the court to appoint a conservator, either you or someone else, if:

you, as guardian, do not want responsibility for the protected person's financial affairs;

File with the court a final accounting when the guardianship ends, such as if the protected person dies or regains capacity or the guardianship is moved to another state or if you resign or are removed.

Consultation and delegation of authority

You cannot give to someone else the authority that the court gives to you, but you may consult whomever you wish. Consulting with family members and getting professional advice is usually helpful, but the decision, after considering any advice that is given, must be yours. If you consult with someone else, you should maintain the protected person's confidentiality and disclose only what is necessary to help the protected person.

If for some reason — perhaps your illness or absence — you are temporarily unable to make and communicate decisions for the protected person, you may prepare a power of attorney for someone to make the decisions on your behalf. The power of attorney may last for up to six months, but no longer. For more information and forms, see our page on Delegating a Parent's or Guardian's Powers to an Attorney-in-Fact.